Motor Vechicle Accident Lawyer:

Car & Truck Accidents

   Auto accidents happen without warning and detrimentally affect your life in many ways. The first few moments after an accident can be the most important in protecting your rights. There are some things that you can do to protect yourself immediately after an accident including:

• Report the accident to law enforcement
• Get contact information from everyone involved and any witnesses
• Get statements from witnesses
• Seek medical attention even if you do not think you are injured. After an accident you may be in shock or have injuries that you are not aware of
• Take photos of the accident scene and any injuries
• Do not admit guilt
• Write down everything that happened and everything that you remember about the accident as soon as possible, before your memory fades
• Contact our office right away.

   As time goes on after an accident your life will be affected in many ways. You may have expenses, such as vehicle repairs, and suffer physical and emotional consequences, or miss work. Some things that you can do to help with your case include:

   Keep all receipts for any expenses related to the accident, including auto repairs and medical bills. Keep a journal of how the accident affects your everyday life including any physical and emotional pain or limitations. If your job is affected, by causing you to miss time at work, change duties, or even lose your job, keep a record of this as well, including all lost income.

Fault

   Do not assume that you were at fault. Many factors are involved when determining fault, and there may be circumstances involved which you are not aware of. Elements of fault include:

• Traffic laws
• Defective vehicles
• Defective or faulty traffic signals or signage
• Driver impairment

   If you receive a ticket that does not mean you are at fault. Always talk to an attorney before paying any fines or pleading guilty. You could hurt your case by doing this or open the opportunity for the other driver to sue you.

Insurance

   Insurance companies will often try to play on your emotions and offer a quick settlement. They do this in an attempt to pay an amount less than you are entitled to. Call our office and speak with an experienced attorney before accepting any kind of offer. If you accept the offer you give up your right to pursue the matter further. Insurance companies may also try to get your medical records. Never turn this information over without speaking to an attorney first. Remember that just because they ask for something does not necessarily mean you have to comply. In some cases you will be required to provide medical records, but giving over too much information can hurt your case. Sadly, the other driver may not have been insured. If your policy includes “uninsured motorist coverage” then your insurance will cover your injuries if the other driver was at fault. Collision coverage will cover damage to your vehicle no matter who was at fault. If the other driver has no insurance and you have no applicable uninsured motorist coverage you can try to sue them, but even if you win you may never get paid.

   If you have or a loved one has been in an auto accident anywhere in Hawaii then call attorney Dan Pagliarini, an experienced Hawaii auto accident attorney at 808-587-5800 and schedule your free case evaluation and consultation today.

^Top

Truck Accidents

   Truck accidents are much more complicated than regular auto accidents. Multiple parties may be held responsible, multiple insurance companies may be involved, and there are many factors which can determine fault. Because trucks are commercial vehicles, there are many more laws, and types of laws, which apply to accidents involving trucks than simple auto accidents. With the complexity surrounding trucking accidents, you may have questions you want answered. There are many elements which must be considered when determining fault in a truck accident including:

• Trucking regulations
• Driver skill and training
• Consecutive hours of driving
• Internal company policies and expectations which may lead to unsafe practices
• Type of accident, such as underride accidents
• Overloaded truck
• Equipment malfunction
• Faulty brakes
• Faulty tires
• Intoxication

   Trucking companies and their insurance companies will have their own dedicated attorneys, sometimes multiple teams of attorneys. Potential evidence in a truck accident is much more extensive than evidence collected in an auto accident. Truckers are required to keep logs, some trucking companies use advanced technology such as GPS to track and record things like speed, location and driving time, and there is information that can be obtained from weigh stations, places of loading and unloading, etc. Trucking companies will not volunteer the evidence needed to prove your case. Only an experienced truck accident attorney knows what evidence and information to look for, and where to find it.

   Numerous state and federal laws apply in truck accidents. The trucking industry is heavily regulated. Many of the laws that apply to trucking are designed to keep protect motorists, including rules and regulations regarding:

• Consecutive driving hours
• Cargo weight limits
• Inspection schedules
• Drug and alcohol testing
• Driver training
• Hazardous materials

   Some of the laws that apply to trucking are designed to prevent various types of illegal activity such as transporting illegal cargo. These laws can sometimes be applied in accident lawsuits as well. Truck accidents usually involve multiple responsible parties. This can include:

• Driver
• Trucking company
• Contractor
• Owner
• Truck manufacturer
• Government entities
• Multiple insurance companies

   Due to the complex nature of truck accidents, only experienced truck accident attorneys have the knowledge to effectively pursue a truck accident lawsuit. If you or a loved one has been involved in a truck accident anywhere in Hawaii, then call attorney Dan Pagliarini, an experienced Hawaii truck accident attorney at 808-587-5800 and schedule your free case evaluation and consultation today.

^Top

Bus Accidents

   Bus accident lawsuits are very complex. Unlike auto accidents where fault is usually determined between the drivers, a bus accident can have many responsible parties, as well as many victims. Victims may include:

• Bus passengers
• Drivers and passengers of other vehicles
  Pedestrians and by-standers
• Bus drivers

   The type of bus involved will determine which laws apply to the accident, who may be held responsible, and the statute of limitation for filing. Some types of buses commonly involved in accidents include:

• School buses
• Chartered buses
• Buses used for public transportation in cities

   There are a wide range of possible responsible parties including individuals, corporations, and government entities. Possible responsible parties include:

• Bus drivers
• Other drivers
• Bus companies
• School districts
• Local government
• Pedestrian and by-standers

   The greatest danger from buses is to people standing within ten feet of the bus. Within this area it is difficult for bus drivers and often other drivers to see pedestrians, especially children. 80% of children killed in school bus accidents are injured while boarding or exiting the bus. This can be the fault of the school bus driver or careless drivers of other vehicles.

   Many bus accidents are caused by poor safety conditions. Bus drivers who drive too fast in order to accommodate unreasonable schedules, lax drug and alcohol screening and enforcement within busing companies or school districts, and failure to maintain buses all contribute to dangerous conditions. Most school buses do not have seat belts to help prevent injury in the rare instance of a crash.

   Bus accident lawsuits are complicated and can include multiple victims, responsible parties, and special sets of laws. If you or a loved one has been involved in a bus accident anywhere in Hawaii, call attorney Dan Pagliarini, an experienced bus accident attorney at 808-587-5800 and schedule your free case evaluation and consultation today.

^Top

Accidents Caused by Drunk Drivers

   Drunk driving is one of many types of impaired driving, and impairment, of all kinds, causes or contributes to large portion of accidents. While there are some general rules that apply to any kind of impaired driving, there are some aspects which are unique to accidents caused by driving under the influence of alcohol.

   While consuming alcohol is not illegal, there are very strict and specific laws against drinking and driving. So, it is worth noting that while you are pursing a civil lawsuit against the drunk driver who caused your accident and injuries, a criminal case will almost always be in the works, too. While these cases are completely separate, they can sometimes affect each other.

   About 40% of all fatal auto accidents are alcohol related, and even though the penalties for drunk driving are very stiff, about one-third of DUI convictions are repeat offenders. Our ever-tightening DUI laws may have reduced the number of drunk driving accidents and deaths, but we are far from seeing the day when alcohol related accidents are a rarity. As opposed to other types of impairment, such as fatigue or even some drug use, alcohol intoxication is fairly easy to prove, when evidence is gathered properly.

Blood alcohol level

   If you are involved in a drunk driving accident lawsuit, one term that you will see over and over, and that you need to understand, is BAC. BAC stands for blood alcohol concentration, meaning how much alcohol is in your bloodstream. The legal limit for adults in Hawaii is .08. A person's BAC is usually determined by a breath test, but may also be determined by a blood test. Drivers do not have to consent to a breath or blood test, but if a driver refuses to be tested for BAC, his or her driver's license may be immediately suspended, for a period of time, even if there was no alcohol involved.

Responsible parties

   After being injured in an alcohol related accident, the hope of recovering compensation for your injuries may seem dim. It is not uncommon for a drunk driver to be a repeat offender who is driving without a license and, therefore, uninsured. If convicted, he or she can face jail time, steep fines, and the loss of driving privileges which, for most people, means the loss of their income. You probably feel like pursuing a drunk driving lawsuit is impossible, but that is not always the case.

   Drunk drivers can be held financially responsible for the accidents which they cause, and there are often additional responsible parties. Those who serve or sell alcohol to intoxicated or under age customers may also be held responsible. Bars, restaurants, and liquor stores when illegal furnish alcohol to intoxicated customers, as well as adults who give alcohol to minors, may be responsible parties in some cases.

   If you or a loved one has been injured or killed in an alcohol related auto accident anywhere in Hawaii, call attorney Dan Pagliarini, an experienced Hawaii car accident lawyer at 808-587-5800 and schedule your free case evaluation and consultation today.

^Top

Motorcycle / Moped / Bicycle Accidents

   Motorcycle accidents include elements that are not present in regular auto accidents. They are also more likely to result in injury or death. More than 80% of motorcycle accidents result in death or serious injury. Motorcyclists also have the very real prejudice of law enforcement, accident investigators, insurance company representatives and juries to contend with. In reality, a large majority of motorcycle accidents are caused by other drivers violating the motorcyclist’s right of way.

   As with all accidents there are certain things that you should do immediately after the accident, if at all possible, including:

• Report the accident to law enforcement
• Get contact information from everyone involved and any witnesses
• Get statements from witnesses
• Seek medical attention even if you do not think you are injured. After an accident you may be in shock or have injuries that you are not aware of
• Take photos of the accident scene and any injuries
• Do not admit guilt
• Write down everything that happened and everything that you remember about the accident as soon as possible, before your memory fades
• Speak to an experienced motorcycle accident attorney right away

   Other things that you can do to help with your case include:

• Do not have your motorcycle repaired until you have spoken with your attorney. In most cases you will need to have it inspected and allow the other driver the opportunity to conduct an independent inspection
• Keep all receipts for any expenses related to the accident, including repairs and medical bills
• Keep a journal of how the accident affects your everyday life including any physical and emotional pain or limitations
• If your job is affected, by causing you to miss time at work, change duties, or even lose your job, keep a record of this as well, including all lost income

   About two-thirds of motorcycle accidents involving another vehicle are caused by the other driver violating the motorcyclist’s right of way. The most common reason for motorcycle accidents, given by auto drivers is that they did not see the motorcycle. Some motorcycle accidents are caused by defects in the motorcycle itself. This is very common in single vehicle motorcycle accidents. Many motorcycles have a front-end problem which causes a wobble at high speeds.

   Many single vehicle motorcycle accidents are actually caused by another driver. When auto drivers violate motorcyclist’s right of way, the motorcyclist tries to avoid a collision. Braking and swerving to avoid an accident with another vehicle often causes the motorcycle to crash without striking the other vehicle. In this type of accident fault can be very difficult to prove.

   Motorcycle accident claims are unique and require special expertise. If you or a loved one has been injured in a motorcycle accident anywhere in Hawaii, then call attorney Dan Pagliarini, an experienced Hawaii motorcycle accident attorney at 808-587-5800 and schedule your free case evaluation and consultation today.

^Top

Pedestrian Accidents

   When pedestrians are struck by motor vehicles the results are usually catastrophic. According to the National Highway Traffic Safety Association, about 5,000 pedestrians are killed and 100,000 injured each year in accidents involving motor vehicles. While a small percentage of pedestrian accidents are caused by drivers intentionally striking pedestrians, most are due to driver negligence including:

• Speeding
• Drunk driving
• Distracted drivers
• Disobeying traffic signs or signals
• Failure to observe crosswalks
• Failure to use turn signals
• Failure to use appropriate caution in bad weather
• Failure to use extra care in areas where children are known to be present

   In some cases the accident is the fault of both the driver and the pedestrian. This does not mean that the pedestrian is not entitled to compensation, but can mean that the compensation is reduced according to the amount of responsibility the pedestrian had in the accident. A drunk or speeding driver who strikes a pedestrian crossing in an inappropriate manner, such as out side of a crosswalk, would still be responsible for a portion of the injuries.

• Common pedestrian actions which can constitute fault or partial fault include:
• Crossing under the “don’t walk” signal
• Crossing the street outside of crosswalks
• Entering a moving stream of traffic
• Suddenly rushing out into the road

   As with any type of accident there are certain things that you should do if you are involved in a pedestrian accident including:

• Report the accident to law enforcement
• Get contact information from everyone involved and any witnesses
• Get statements from witnesses
• Seek medical attention even if you do not think you are injured. After an accident you may be in shock or have injuries that you are not aware of
• Take photos of the accident scene and any injuries
• Do not admit guilt
• Write down everything that happened and everything that you remember about the accident as soon as possible, before your memory fades
• Keep all receipts for any expenses related to the accident, including medical bills
• Keep a journal of how the accident affects your everyday life including any physical and emotional pain or limitations
• If your job is affected, by causing you to miss time at work, change duties, or even lose your job, keep a record of this as well, including all lost income
• Speak to an experienced pedestrian accident attorney right away

   After an accident you will have a limited amount of time to pursue any personal injury claim. Pedestrian accidents often involve a great deal of pain, suffering and medical expense. Pedestrian accidents often result in death. Loved ones may be entitled to compensation in these cases.

   If you or a loved one has been involved in a pedestrian accident, contact our office right away and schedule a free consultation with attorney Dan Pagliarini, an experienced Hawaii pedestrian accident attorney to evaluate your claim.

^Top

Joint vs. Several Liability

   If more than one defendant is found to have contributed to a plaintiff’s injury, who is responsible for paying for the damages? What if one defendant is unable to pay? States have taken different approaches in answering these questions. Generally, a state will follow one of three approaches when distributing the financial liability of defendants: joint liability, several liability, or joint and several liability.

   If a state uses a system of joint liability, each defendant is liable up the total amount of the financial obligation. For example, if a husband and wife are jointly liable for a debt, each person is responsible up to the full amount. If the husband disappears, dies, or declares bankruptcy, the wife remains liable for the full amount. In contrast, in a state following a system of several liability, the defendants are only liable for their respective portion of the damages.

   The legal concept of joint and several liability is different in that it creates a scenario where each defendant in a legal action (assuming there is more than one defendant) is responsible for the entire amount of damages being pursued by the plaintiff, regardless of the individual share of damages actually caused by each defendant. Supporters of Joint and Several Liability argue that this approach allows victims to be fully compensated, even if one of the defendants is unable to pay his or her share of the liability. Under joint and several liability, if one defendant is not able to pay, the other defendants are liable for the entire judgment amount. Critics of joint and several liability refer to this approach as the “deep pocket” rule because of the potential to quickly turn a lawsuit into a search for the defendant with the “deepest pockets.” Because of potential for an unfair result, and in response to tort reform efforts, several states have limited the applicability of joint and several liability.

   In Hawaii, the courts follow a modified joint and several liability approach in entering judgment against multiple defendants. Generally, damages for economic loss in personal injury and wrongful death claims are joint and several. If the defendant is 25% or more negligent, damages for non-economic loss are also joint and several. If the defendant is less than 25% negligent, that defendant is subject to several liability only and damages are apportioned based on fault.

^Top

Statute of Limitations

   A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings. These time limits vary depending on the type of case and the state where the particular cause of action occurred. For example, a person filing a personal injury suit in Maryland, such as an injury sustained in an automobile accident, has three years after the date of the injury to sue. This is referred to as a three-year statute of limitations. A lawsuit filed after the deadline set by the statute of limitations will be dismissed by the court unless circumstances allow for the tolling, or extension, of the deadline.

   Statutes of limitations were established for a number of reasons. Statutes of limitations promote the interest of fairness in that they prevent people from filing aged civil actions that may be based on faded memories and lost evidence. These statutes also allow individuals to move on with their lives without fear of possible legal action several years later.

   Hawaii’s statute of limitations for a motor vehicle accident cases is two years from the date of accident. If no-fault medical benefits (“PIP” or personal injury protection benefits) are paid out for the injured party’s medical treatment, the statue of limitations is two years from the date of last no fault payment. In slip and fall cases and premises or landowner liability cases the statute of limitations is two years from the date of accident. In product liability actions must be filed within 2 years from the date of the injury. In wrongful death cases actions must be filed within 2 years of the date of death.

   Any claim brought after the statue of limitations has expired is subject to permanent dismissal by the Court.

^Top

Special Rules Tolling the Statute of Limitations

   A statute of limitations is tolled when certain conditions are present. When a statute is tolled, the limitations period is essentially put on hold for a period of time. Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.

   In Hawaii, when the injured party is a minor the limitations period begins to run on that minor’s 18th birthday. This exception does not apply in medical malpractice cases. If an injured party is deemed to be mentally incompetent or insane, that person may file a claim at any time while the disability is present or within the limitations period after the disability is removed.

^Top